The New York Herald Newspaper, April 13, 1877, Page 8

“THE COURTS. A‘Liberal ‘Philanthropist Poazled Ovte a | Little Note of Hand, NICE BANKRUPTCY QUESTION Seaond Thoughts Always Best in Re- pievin Proveedings. ——_-__—— DONT BELONG TO THE a es MITATARY. Mr. Joseph Mackey, in November last, gave bis note for $300, payable in three mouths to the order of Kev. B. T, Roberts. This note was assigned to Messrs, Alling & Cory, of Rochester, N. Y., who, the note not Daeving been paia, brought suit to enforce its payment, A good deal of difficulty was experienced in serving the summons and complaint upon Mr. Mackey. The clorks of Mr. Joho S. Bird, the prosecuting counsel, paid frequent visits to Mr. Mackey’s place of business an this city and also at his residence, No, 155 Montague Strect, Brooklyn, In orderto make sure of serving the right man a steel portrait of tho delinquent debtor had been obtained, and with this guide ono of the clerks lay tn wait for hours watching Mr. Mackey’s residence. Finally, « gentleman walked up the front stoop and the legal Cerberus asked, “Is this Mr. Muckey!” ‘‘That is my name,” answered the uns ting Mackey. “You're not Mr, Muckey,’? Baid a lady who hud opened the door and heard the question, “Certainly | am not Mr. Mackey,” remarked the gentioman, Taking the first admission of the gen- jeman as correct abd the striking similarity between Dim and his counterfeit presentment, the clerk, a8 he Bays in his affida had no doubt of bis man, and leaving the pxpers came away, Subsequently, Mr Mackey denied having been served with the papers, And meantime an execution baving beeu issued upon the Judgment upplication was mude to Judge Donotiue fo set aside the execution and vacate the judgment, Among the papers suomitied by Mr. Bird in opposition tg the moon was tue following letter trom Mr, Mackey, which carries 8 Own comment with tt:— Nxw Yorn, Feb, 16, 1877, XG and Cory, Rochestor, N. ¥.:— Gi an—Your favor of the 14t! at. reached me this AM. [ rogret excendingly my note zolng to protest, but At could not be avoided. Parties argely indebted 'o me fuil to.pay their promises, and ny menue being locked up in Teal ostate Is my reason for the non-payment of the in Ibis next to impossible to money out of the largeat ot houses. ‘Tho note ts pertectly cood mud will be paid if ‘ou will be kind enough to give me a little tine louver on he sume. I never expected to roneh times like the present I would my charities than I have been, having er a fow yeurs over $125,000 for charity. Yithin thirty days i think I shall be in posnes- sion of ample tunds 10 iaecet tay oblizati Time to wait ‘on my custome: all I require. I ery respectfully yours, JOSH MACK SY, The Jso submitted a pretty sbarp letter from Mr. Bird reciting the unnoyunces to which he had been subjected through Mr, Mackey not replying to his Hotes und denying his identity, bat promising, not- withstanding tnis, that st he would send his check for the amount he would delay execution and save him Sherif’s fees. To this letter Mr. Mackey wrote «tart roply, saying, among other things, ‘If you enter judg- | ment and execution you must abide the consequences, as my name bas been without « tarnish for twenty Years in business.’” Judge Donobue, upon all the tacts ed, roiuged to vacate the judgment and execus IL of which will be Mr, Mackey will bave note for $300 and quite ray of costs and disbursements. IMPORTANT BANKRUPTCY C: SE. An the matter of Henry Schwarz JudgeJobnson, of | the United States Circuit Court, decided a very impor- fant question recently. Henry Schwarz filed a volun. tary petition in December, 1575, At that time a suit | - was pending against him by Rothschild & Heyman to Fecover damages for purchasing goods under, as was claimed, traudulent representations, The bankrupt | obtained u stay of proceedings of ibis suit trom the District Court, and on motion the Court refused to This decision was brought up for ining Ube action of the C Tho Juage says that section 5,106 enacts that Bo creditor whose debt 1s provable shall be allowed to prosecute to final judgment any suit at law orin equit, Vherelor, against the bankrupt until the ques- | tion ot the uebtor’s discharge sili bave been | determined. It i contended that this section Rught to be construed not to include any debt which | Would not be discharged even though the bankrupt | phould obtain the statutory discbarge, such as debts Breated by fraud, Ac. 11 18 also insisted that this claim Js nota prowable debt. The ciatm originated on a con- tract tor the purchase of gootss aud the fact that t en though | the [raud must be proved to entitle the plaintll to | recover. Twe Judge continues:—*I concur entirely | with the views of Judge Blaichford iu the case of Rosenberg 3, Benedict 14 The baukrupt is enutled, ‘Until the question of his discharge 18 settied, to be pro- ted by ihe court in bankruptcy, That the creditors © not proved their claim dues not affect the ques- tion, ‘The section relates to provable debts, which of | course, include those which have not veen provi | The Court thereupon aflirms the decision of the Di trict Couart.’’ Mr, A, Biumenstie! appeared for bank- supt and Mr. A. R, Dyn for creartors. | CONDITIONAL PURCHASES. The firm of John J. Nicholson & Co., bankers, of Baltimore, made advances to William M. Winks, a pater up of canned fruit in that city, upon the under- standing that the money should be used in the pur- chase and putting up of capned peaches, which were to become the property of the bankers, and the pro- zecds ot the peaches when sold were to be accounted for to them. Under this agreement 735 cans of canned ponchos were put up and shipped to Thurber & Co, of this city, and the biils of lading were immediately de- | Hvered by Winks to the brokers. Upon tho arrival of the peaches in New York Mr. Conner, the Sheriff, seized them while in the possession of the Bulti- More Transportation Company, the carriers, under an | Attachment 1asued at (be suit Ol one Farrell, a creditor owner vi the peaches, Nicholson & Uo., the bankers, Vhereupon commenced replevia proceedings in the Marine Court, through ex-Goversor Low as their at- Joroey, to recover possession of the property, and | the action was tried in that court yesterday, before Pudge McAdam, who held that under toe arrangement Btaied the title to the property was in the Nicholsons pad that Winks never had avy leviable interest Sherein, and directed the jury to find a verdict in lavor M the piaintifts for the possession of the property Haimed, assessing its value at $1,882 57, with dam- ages and costs, THE MILITIA IMBROGLIO, ‘The habeas corpus proceedings in the matter of John ©. Starck, formerly a member of Compagy A, Seventy. Sirst regiment of State militia, came Wefore Judge Donohue, in Supreme Court, Chambers, yesterday eiternoon. Mr Spencer appeured ior the regiment end ex-Judge Jones for the petitioner. The case om the part of the regimental authorities is that Company A feil bolow the minimum, and was properly distributed smong the other companies by the colonel, under the | express provision of the militia code, @f the company on their disbandment claimed their fail wi discharge and retusod military duty, and Starck Arrested for non-paymentot ines. ‘The question Up on two issues—frst, whether the authorities Soracten: disband apd distribute the company; and second, whoiner the petitioner nad Sppeab to the commanding officer. ihe matter was feterred to the Clerk of the Court, Mr. William Sinclair, to take testimopy. Sergeant Lioyd F, Montuomery, galled by Judge Jones, testified that betore Starck’s Srrest he got irom him ao appeal, which he tett at the office of Coione! Van Wyke, Assistant Adjatant G f of staff on General Wiimar's sia The case wn adjourned up! to-morrow tor a furiher rs was hearing. an OBJECTS TO SMOKY CHIMNEYs, James Barrett ix the owner of No. 7 Kutgers piace, hich bes brick chimneys, In 1872 Joo Walker, he pays, Wrongiuly and without Oo consent, cut away the brick work and broke into and excavated reveral holes turough and injared the chimneys of bis butid- 4 run the pipes from the adjoining premises, No, 6 Rutgers place, into the chimneys upon nis prem- ‘ ince and is mow using the chim- pipes inserted therein. tates that bis chimneys do not draw and king, and that be bas sustained dainage ex- $5,000, and for tais sum he bas brougut suit, ‘The anewor states thet the deiendant is owner in tee of Nod Rute ee. dus such bas a rightto | gmake holes in eber of both of the wails, which are walis, so declared to be by agreement duly He aso sage that the plaintif’s premises are Bor injored, as the stovepipe was put up in asKiifal sod workinanlike manner. ‘he triai of the case was commenced yesterday, before Judge Sanford, in the Buperior Court, Special Term. SUMMARY OF LAW CASES. Availing himself of the privilege granted by Judge Donohue of seicciing the trastee of his esvato, Mr. ‘William Winter yesterday solected as such trustee Mr. famoel Webster. Judge Donohue yesterday contirmed Mr. Winter's selection, and directed tho new trustee to 8 bond in $10,000, ‘The will of Samuel Cabill, formerly wealthy shoco peaker im this city, and who commted suicide som party Liiea. additional sum in | Winks, upon the ground that Winks was the true | The members | filed an | Mr. Bar- | time ago, was yesterday admitted to probate, All his property goes to his widow, a ‘The will ot Dr. Gordon Buck was admitted to probate yesterday. With t ments, which he bequeaths to his son, he leaves all bia property to bis widow, Io the Emma Silver Mining Company suit proceed- ings Were resumed yesterday before Judge Wallace, in the United States Circuit Court, Mr. Trenor W. Park waa recalled, and after further direct testimony by bim the case was adjourned till this morning, | Jobn Bryant and Henry Burton, who bad been held | by United States Commissioner Duel, in the Southern district, 0B a charge of selling stamped cigars in Brooklyn, were, on | Judge Biatebtord erday, sent buck to Brookiyn, | whim che Eastern district, where the offence 1s al- loged to have been committed, for examimation. ‘Mr, Samuel Joyeson has brought a suit against Rich- ards & Boas, of this city, to recover op # draft for £519, drawn on E. W. Yates & Co., of Liverpool, Eng iand, bought from Morrick 3. Craigh, alleged to be an agent of the defendant, The trial of the case was commenced yesterday belore Chief Justice Curtis, 1p the puperior Court, ‘A writ of habeas corpus was granted yesterday by Judge Donohue on application of Mr. Wilham F, | Howe in the case of Jobu Peters, alias Cass, arrested | on a charge ot being implicated in the robbery last | Sunday of the Sixth National Bank, the facts of which | have already been published. The writ was made re- | turpable this morning, Mr. Hiram P, Graizer, former agent of the New York Life losarance Compauy, i# charged with baving | fatied to pay over premiums collected on ile polici | A suit has accordingly been commenced against bin and his surety, William KE, Young, to recover $2,437 80, mount claimed to be due. The trial of the case begun yesterday betore Judge Larremore in the Court ot Common Pieas. Craizer deniey the charge % that he only owes $350 to the company, wuteh he 18 ready to pay, On the opening of the tri it being ascertained that the suit mvolved the exumii ution of a long aecount, Judge Larremore sent the case to a referee, (f A detuult was taken aj nst the plaintift tn the suit Showler, on the ground of adultery, and the case came | up ior arguinent betore Judge Douohue yesterday, on 4 | movin to open the default, The husband is now in jail for non-payment of alimony, The wile denies the charge and says Uhat the husband bas condoned tbe of- ence, Deciwion was reserved on the motion. - | John Scanlon, brother of Corcelius Scanlon, the vic- | tim of the tate Mulberry streei tragedy, appited for let- ters of administration in the Surrogate’s Court, yes- rday, on the estate of the deceas The applicant | isa resident of New Britain, Coun., the late bome of the decased. John Scanion atuted that deceased lett his home about a year and u half ago, where he had hever been heard of again till the account of his death us detuiled in the New York papers reached bis family. The estate was proven at $20. The application was granted and letters of administration issued. | Ihe second trial of the suit brought by Edward Dev- lin agatust Daniel Gallagner was commenced yester- day vetore Judge Larrewore in the Court of Common Pleas. ‘Tbe complaint charges thai the defenuant, | who was engaged on the 17th of September, 1572, 1a | blasting rocks on a lot on the southerly side of Forty- ninth street, near the East Rive: lessly pre- pared tho blast that the plaintiff was struck by the Tocks ad stones and seriously injured, tor which he | claims $5,000 damages, The delonco is a general denial Mr. H. P. Alien appears tor she plaintiff and | Messrs. Flanagan and Bright for the di jant. | _ Mrs. Christina Naterick has brought against F. | Boas Bro. for $5,000 damages for alleged wrongful taking of furs in her possesion, which she claims were left to her by her busbund, he having been a | turner. The case came to trial yesterday betore Judge Vun Brant, holding Supreme Court, Cirouit, On the | cross-examinution of the plantift the theory of the | de was developed, that the plaiutif’s vusband, | been employed by the defendant’s firm up to tho time of his ueath in making up urs, and the plain- | tiffs son, likewise in the detendant’s employ, stole the This, however, is stoutly denied by the plainuft and her won, Ex-Judge Cardozo and I. | Cohen appear tor the plaintiff and Messrs H. 1. Clin- | tonand W. B Putney for the defendants. SUPREME COURT— CHAMBERS. By Judge Lawrence, Reinach vs, Meyer.—Aé the cenclusion of the argu- ment of this motion the respective parties were al- lowed notil April 10 to submit their bricis and papers, Inquiry 18 made on the Lith of April by one who does not appoar by the record to be an attorney or counsel in the ease whether the motion has been decided, As only a portion of the immense mass of papers and documents svulved in the motion hus beca laid before the Court, und as the mere perusal of the papers and brieis when presented will neecssarily ocoupy xeveral hours, the Court is unable to perceive either the per- tunency or propriety vf the inquiry. Judge Donoliu Murphy va Scott—I think the judgment for de- ficiency against the defendant was prematurely ca- tered und must be set aside. Bergh va. Pevta —Granted. SUPREME COURT—SPECIAL TERM, By Judge Van Vorst. Jaeger and another vs. Hulstein and another.—Upon the pleadings and plainti’s opening ths action cannot be sustained for a revision of bhe contract, but may be for damages, and must be tried on tho iaw mde of the Court. Betts and others vs Betts and others.—Order ranted, King vs. Shears and others,—Judgment for plaintiff. By Judge Van Brunk Wilson vs, Bolton,—Order signed. COMMON PLEAS CHAMBERS. By Chief Justice Daly. Cross vs. Bachran et al —Roierence ordered, The People, &c, vs. Lamsar et al--Application granted. Pultz vs. Diossy.—I want to see counsel. i Donovan vs Schapport.—Motion denied, with costs, White va, Hoyt, and Gienacania, al. va Rank. — Orders granted, MALINE COURT—CHAMBERS, By Juago Sinnott, Stream vs. Grete.—Mr. Denis Quinn appointed re- ceiver; bond, $250. Warmuth vs. Keith ; The Graphic Company vs. Camp- bell.—..ottons tu vacate orders of arrest denied, with $10 costs. Hanley vs. Farley.—Motion for new trial granted. Smith vs. Roberts.—Case as printed substituted for written one and ordered filed. Hirschberg ve. Davis. —MMotion granted; order ot rest vacated; $10 costs, to abide event, Goodwin vs Henriqaes—Motion to vacate attach- ment granted, without costs, Lawson vs, Zoord,—Motion granted, | . Brown vs. Weidersen.—Motion to punish for cor- tempt denied, on condition that Judgment debtor ap- pear ond proceed with examination April 16, at ten A. Chumbers. | Morrison vs, Marphy.—Motion to strike out and for judgment granted. Curley ve, Shine,—Motion denied, without costs, Welsh vs. Schuyler.—Movtion granted on payment of | $25 costs within ten days. Wheeler vs. Haydock.—Motions for granted. Norton ve, Murphy; Naughton vs. St. Patrick’s Mu- tual Alliance; Jackson vs Jackson; Heiny va Evans; Judgment Fogg vs. Taylor tern ve. Smith; Kimber vs, O’Don- | nell; Meyor ramer.—Motions granted. Batebeller Baker.—Mr, John P. Schaman ap- | pointed receiver. Harvey vs. Morange,—Mr. P. J. Eckersen, roforee, | Lawrence vs. Ramsey. —Reargument ordered. GENERAL SESSIONS—PART 1, Belore Recorder Hackett | “STRAW” BAIL. Neptune Bowden was arraigned at the bar for trin! yesterday on an indictment charging him with perjury | im having sworn to a fraudulent bail vond. Assistant | District Attorney Horace Russell, who appeared for | the prosecution, stated the circumstances under which | the prisoner was arrested. In October last George F. Parker, alleged to be a confederate of Bowden in straw bail cases and similar branches of business, was ar- | rested for obtaining a number of shirts on false pre- | vences and was held by Justice Kasmtre 1 $320 bail on a charge of petit larceny. On the 26th of that | month Bowden presented himself at the District At | vorney’s office aud swore he ‘resided at No. 140 West Fourth street aud was owner of stock and fixtures at No, 832 Greenwich street, amountiug in value to $40,000, and he was accepted ax bondsman, When Parker wae called for trial he did not pat in an appearance, nor could his bondeman be found not being at either of the pluces mentioned by him, Some time afterward it was alleged | that Bowden, Parker aud James E. Cooley | had carried.on'an extensive bogus commission bus } news at 218 Fulton street, by which many peupie were | defrauded in this aud adjoining States. Detectives 0 or and Ficids proceeded to Brooklyn, and cup | tured Parker at 283 Fulton street, ‘ibe detectives sub- sequently went to Philadeiphia, where they arrested Bowden und Cooley, Mr, Warden Qui trict Attorney's office, who drew up the bond, the de- tectives Who made the a premises 32 Greenwich street were examined, property ut that place. Mr. Charles W. Brooke, coun- | sel for the prisoner, produced evidence to show that | Bowden had been suffering trom delirium tremens, | and offere4 to prove by documents that he was not in ‘want of money, having property in New Jersey. The jed the latter evidence, the case unwl Monday, owing to engagements of Mr. Brooke, ERAL SESSIONS—PART 2, Betore Judge Sutherland, | A MEAN SWINDLER, ! A man, with @ long, gray beard and his hair nicely arranged, ond giving bis name as William H. fall, was | Called to the bar by Assistant District Attorney Rol- Uns, charged with forgery. The prisoner was arrested for swindling, by representing bimseit as the “financial agent” of the Presbyterian Hospital, On the 4th inat. | he made his appearance at the residence of Mrs. Henry R. Winthrop, No, 35 West Twentieth street, and showed his subscription book, which purported to bave the signature ot Mr. A. B. Beiknap, the treasurer of the Pres- byterian Hospital, certifying that Hall wae the author- ined collector, Mra. Winthrop gave him $30, and tho fraud having been discovered be was arresied on tho charge of false protences, It was thon ascertained GEN exception of his case of imetrc, | runt of removal issued by | brought by Joho J, Showier against bis wile, Adele 1. ; of the fis. | st, and the proprictor of tne | a the | last mentioned witness testitled he did not own any | i} that Hall, b; | Geek for So trom Mm. M | had cashed by the teller of by forging the indorsemeut of Mr. forgery was proved by Mr. Beiknap and ¢! Pp | was arraigned on that charge, He pleaded guiliy aod | was sent to the State Prison for five years, | ASSAULTING WITH A KNIFE. Jobn Millor, a belligerent young man, was charged with « felonious assault on bis uncle, James Sheridan, at the tencment house No, 167 Mulberry street, The com- | plainant testified that the prisoner attackea bim with a knife and made a thrust at bis neck, und that wh he put up bis band to save himself he received a | vere wound in the hand. The prisoner was convicted | und sent to the State Prison for two years. AN INCORRIGIBLE YOUTH, Henry Standford and Charles V. Hunt were arraigned | for trial charged with burglary in the third degree, On the evening of the 20th of March the store of Mr. Daniel Pike, who carries on the business of an optician at No 518 Broadway, was ered aud property amounting in value to veral hundred dollars was stolen, At the time Stand- jord, who 18 eighteen yevrs old, was in the em- ploy of Mr, Pike, ‘and being suspected of the crime was arrested. Hurt, who bad also formerly been in his employ, was next arrested at No, 32 West Twenty-sixth street by Officer Moran, and on his room being searched a quantity of the stolen property was found under the bed. At ihe close of the evidence Mr, Reilins, who appeared for the prosecution, intimated that be'did not consider :t safe to convict Standford on the evidence adduced, an opinion in which Judge Sutherland said be heartily coucurred. ‘In the case of Standford the jury were then directed to acquit nim. Hunt was ‘ound guilty of the crime chi having been shown that he had alread, for a similar offenc youth, Judge Sutheriand sent bim’to the State Prison | tor tour years. COURT CALENDARS—THIS DAY. Svurrxmz Court—Cuamners—Held by Judgo Don- obue,—Nos, 87, 97, 1 2, 209, 226, 237, 240, 254, 256, | 260, 261, 264, 207, 272 8. Surexmx Court—sr' Vorst.—Nos. 194, 218, | 259. 260, ze 267, 26 '—Part 1—Held by Judge Lawrence,—Short causes—Nos, 4791, 4489, 4869, 4629, | 4721, 3861, 4755, 4425, 4143, 4557, 4451, 4031, 4329, 4595, 4407, 4759, 4761, 4401, 4707 Part 2—Held by Judge Bar- rett.—Case on. . 1096. No duy calendar, Part 3— | Held by Juage Nos, 2584, | 8828, 4509, 4756, 4154, 1770, 4618, 1588, 3032, 4294, 4034, 4602, 4632, 4690, 4570, 3054, 4462, 4410, 4036, 4196, 4537, 4041, 4477, 793, 4794. Surrxms Court, Genera TkRM.-—Adjournea sine je. | Surerion Covat, GuxekaL Taeu.—Adjourned sine dio, ComMoN Puxas, GuNxRaL TERM.—Adjourned until the first Monday of May. Surenion Court, SreciaL Tsew—Held by Judge Sanford. —Nos, 1, 20, 54, 68, Screxion Court 1 1—Held by | Judge Freedman. 08, 1020, 113, 1179, 1277, 1242, 1250, 1271, 1164, Part 2--Held by | Judge Speir,—Nos, 820, 62034, 836, 907, 530, 539, 540, 699, 605, 1003, 635, 644, 4743, 189, 611, 597, 311, 545, 007, 646, 785, 786, 825, lol4. Var'3—Held by Judge Curtis.—Nos, 690, 833, 943, 799, 1069, 716, 717, 613, 700, 304, 806, 815, 593, "1050, 1085, 1086, 1087, 1086, 1089, 1090, 1091, 1093, 1094, 1096, ‘1097, Common Piaas—Kquity Tkra—Held by Judge C. P. Daly.—No day calendar. | _ Coumon PLeas—Iniat, Texm—Part 1—Held by Judgo Van Hoosen,—Case on—No. 240. No iay calendar. Part 2—Held by Juago Larremore.—nox. 497, 907, 1097, 1215, 735, 736, 787, 738, 1123, 740, 1067, 932, 143, '1511,'1129, 860, 1088, 175, 087, 1040, ‘1769, " Part 8—Held by Judge J. F. Daly.—Nos. 1760, 1272, 631, 3445, 1258, 1140, 1053, 1054, 1247, 1735, | 1188, "1266, 403, '1078, 1279, 1115, 493, 1120, 1284, 1262. | Manixe Count—Iniat Ti Part 1—Held by Judge Alker,—Short eauses—Nos? 7369, 7933, 9256, 6796, 6983, 8887, 7804, 9261, 0202, 8314, 7618, 9298, 9207, 9080, 9310, 9285, Part 2—Held by Judge Sheridan. —Short causes— Nos. 9497, 9146, 9165, 9155, 9218, 9156, 9193, 9185, 7553, 9179, 8434, 8949, 7049, 9339, 9255, Part '8—Held by Judge Sheu.—Short causes—Nos, 9182, 9111, 9187, 9112, W475, 9220, 9180, B40, 0212, 8804, 9267, 8813, 6251, 016, 5759. Court oy Grxxnat Sxestons—Part 1—Hela by Re- corder Hackett.—!he Pevplo vs. Jobn O’Brien, bur- iglary; Same vs Charles Wilson, burglary; Samo vs, james Dempsey, grand larceny; Same vs. Dominico Leister, assault and battery; Same vs. L. J. T. Dorsey, misdemeanor; Same vs. Theodore F. Stratton, Ronal McNichol and Robert K. Stewart, misdemeanor; >ame | vs Henry C, Walser, Lulu Walters, Theodore Fowler and George McCloud, burglary, ‘Part 2—Held by Judge Sutuerlund.—Same vs. Philip Trogei and alex- ander Roy, felonious assault and batte! amo Vs, Patrick Green, felonious assault and battery; Same vs Mary Gibbon, burglary; Same va Mary Leonard, petit larceny; Same vs. Jobn McGuiness, assault and bat- tery. COURT OF APPEALS, Avsany, April 12, 1877. In the Court of Appeals’ to-cay, present Hon. San- ford E, Charch, Chiet Justice, and aszociates, the fol- lowing business was transacted :— ‘4 Yorkes, respondent, vs, the National Bank ervis, appellant.—Argument resumed and con- cluded, No. 286, Caroline Neunendorf, appellant, vs. the World Mutual Lite Insurance Compaay, respondent, — Argued by Hevry Weble for appellant and William P, Prentice 10f respondent. No. 289, Ketteckan Putzel, appellant, vs, Ellen M, Van Brunt, respondent. —Pussed. No. 290. Eliza Catlin, appellant, vs. Charles H, Mar- tin, respondeut,—Submitted. No, 249 Henry E. Robioson, respondent, vs. 8. Chitienden and others, appellants —Argued by Robert D. Benedict tor appellants and H. F. Hatch for re- | spondent. DAY CALENDAR. The following is the day calendar for Friday, April 13, 1877 -—Nos. 148, 271, 288, 257, 203, 294, 296 and 800. | SUPREME COURT DAY CALENDAR. Roonssten, N. Y., April 12, 1877. ‘The following ts the Supreme Court day calendar for Friday, April 13, 1877:—Nos, 25, 31, 75, 101, 14, 72, | 91, 127, cH 64, 56, 59, 115, 13, 22, 27, 29, 30, 34, 73, 74 and UNITED STATES SUPREME COURT. Wasuinctox, D. C., April 12, 1877. The following proceodings took place in tho Supreme Court of the United States to-day :— On motion of Mr. E, M. Johnson, Mr. J. D. Brannan, of Cincinnati, was admitted to practice as an | attorney and counsellor of this court. * No. 221. Joseph Selden, Collector, &c., plaintiff in error, ¥s. the Equitable Trost Company.—The urga- | ment of this couse was cuntinued by Mr. Assistant Attorney General Smith, of counsel for plamtuf in error, and by Mr. Augustus Brandegee and Mr. J. Halsey for the defendant in error, and concluded by ‘Mr. Assistant Attorney General Smith for plaints in error. No. 222. William M. Montgomery, by his next frend, Laura Gains, Whe agri va Paul N. Spoflord et al—On motion of Mr. J. H. aanton, affirmed, with costs per Lon file. . Paige, plaintiff in error, vs. Jobn A. Loriog, axsiznee, &c.—On motion of Mr. Vausten Brown, affirmed with costs, per stipulation of counsel on fi No. 324. Charios J. Brewer, piaintil to error, va John @ Butler et al, executors.—Un motion of Mr. A. | &. Riddle, diemisned with costs under the sixteenth rule, No, 225, Benjamin Stark, appellant, vs. Lewis M. ig No, 226, Benjamin No. 2 argument of these causes was commenced by Mr. J. 8. Biack, of counsel for the Appellants, and continued by Mr. George H. Wiiliama for the appellees. Adjourned until to-morrow. “DAN, THE BLACKSMITH,” FREE, The examination tn the case of Daniel H. Burna, alias “Dan, the Blacksmith,” arrested by Captain | Williams, on Monday, on suspicion of being connected with the Sixth Nationa, Bank burglary, was concluded yesterday before Judge Murray in the Jeflerson Market | Police Court, There was bat one witness called, ana | his testimony cleared the prisoner. Fdward Kelly, nineteen years of residing at No, 604 Tenth avenue, testified that on Sunday | afternoon, between a quarter to fonr and four o'clock, he saw three men, covered with sawdust and cobwebs, coming out of the basement on Broadway underneath the bank, and that Daniel H. Burns, the prisoner Present, was not one of the mer. He was so near the | men that ho brushed past them as tney walked up t street. Judge Murray, aiter carefully examioing | rest of the testimony aud comparing it with th dence of young Kelly, whom he knew to be a young man of good character, decided to discharge the | prisover. Judge Murray sald:—‘If it was not for this witness, Edward Kelly, 1 would have committed the prisoner in $20,000 bail to answer,” A LADY THIEF CATCHER | About nine o’clock on Tuesday night, while Mr. | Joseph Wolf, Jewoller, of No. 265 Hudson street, was | showing bis wares to a lady customer, a young man, | about twenty years of age, came into the store and | asked to see some gold watches, There were three | children belonging to Mr. Wolf running around the | gtore, and while he was attending to the lady one of the ehildren noticed the young ‘man take one of the watches from the case and putit im bis pocket, The child told the father, who ran to the back part of the store for a pistol and the lady in front grabbed the vie | thet, Mr. Wolt's son, @ boy about fourteen yours of age, seeing b ther run out in an | excited manner with « pisiol in bis hand, tried to take | it from him, and the result was t! the pistol weot | off and the son received a sight flesh wound, The | whole affair was but the work of a few minutes, dare | ng which time the man m desperate aurugg les to es- cape, the lady costomer, the efiidren and Mr, Wolt do- ing their utinost to prevent hin, An oflicer came up in moe to arrest the thief, whose name is Charles NEW YORK HERALD FRIDAY, APRIL 13, 1877—TRIPLE SHEET. l wr nmr. at uae TAXING NATIONAL BANKS. IMPORTANT DEOISIONS BY THE UNITED STATES SUPREME COURT IM THE GALLATIN AND TRADESMEN’S NATIONAL BANK 8UITS—-NEW YORK CITY VICTORIOUS IN BOTH ACTIONS— SETTLEMENT OF A QUESTION O¥ GRAVE IN- TEKEST TO ALL OUR BANKS. ‘The city has recently gained two very important suits, which bave putat rest several mooted poimts concerning the taxatio by the mupicipal government of the shares of stock of national banks, The first of these cases—The People ex rel. The Gailativ Nationa! Bank The Commissioners of Taxcs—added some $11,000,000 to the assessment rolls of the city, and the other case—The People ex rel. The Tradesmen’s N: tional Bank vs, The Commissioners of Taxcs—added over $2,000,000 more. Below are given carefully pre- pared abstracis of the decisions in these cases, as just given by the Supreme Court of the United States. THR GALLATIN NATIONAL BANK SUIT. The ease of The People ex rol. The Gallatin National Bank vs, The Commissioners of Taxes, in which Mr, D. D. Lord appeared tor the relator and Mr, Hugo L. | Cole for the respondents, was an appeal by the bank from an order of the Court of Appeals, affirming ao order of . the General Term dismissing a writ of oertiorari which bad been granted for the purpose of reviowing the action of the Tax Commissioners in the valuation by them of the shares | of the capital stock of the bank for the. purpose of taxation, The Commissioners had assessed the shares attheir actual value instead of as heretojore at their par value, The retators claimed that the shares could not lawfully **be taxed im excoss of their par value” tor threo reasons—frst, because the Enabling act (chapter 97 of the Laws of 1865) provided that there should be no taxation of the stock of the national banks in excess of the par value of the shares, which statute and the organizations under it of the bank (which belore had been a State bank) a8 a national bank created a legis- lative contract between the Stare and the bank which could not be abrogated; second, because the national banks are required by law to keep a portion of tneir capitalin United states bonds, and also to keep a reserve | out of their earnings, Which ought to be deducted from the total value ol the shares; and snird, because the inclusion of the said reserve and the said United States bonds in the assessment of national banks, 8 Stute banks are not required to keep such reserve apd to invest in any particular classy of ee curities, was in effect to tax the national bunks at a greater rate than other moneyed capital in the hands of individuals of the State, coutrary to the statute, The respondents contended—tirst, that the actual vaiue and not the par value is the standard to be adopted by the Commissioners in assessing the shares; second, that the stocknolders cannot avoid taxation on the total value of their shares because a part or even the whole of the capital of the bank was invested in United States securities; third, that such taxation was not un illegal diserim ination against the national banks and fourth, that in effect this was ao sp taxation ol any ‘“surpi or ‘'reserve,’’ because there was no tuch entity as tho so called ‘surplus’ or *re- serve”? which could possibly be separated for the pur- pose of taxution from ‘other elements which gu to Make up the value of the shares, OPINION O¥ JUBTION HUNT. Mr. Justice Hunt delivered the opinion of the Court as tollows:—The laws of the State o! New York pro- vide that shares like these we refer to shall be assessed on the value of the share at their fuil and true value, ‘ag the uasesuors would appraise the same in payment of 4 just debt from a solvent debtor. (Chap. 71 of Laws of 1866, 1 Rel, 393, sec, 17). The assessors wero justitiea under this therity in fixing the value as we e slate Tho appraisal inciuded the reserve fund, | which {8 as much a part of the property of the bank, | and goes to 0x the value of the shares equally it it were not called by that name, but remained as a part of the specie bilis discounte other funds of the bank undistinguished trom the general mass, The act of Congress of June, 1864, proviaes that the States way tax the shares of national bunks, subject to two instructions—firet, that ¢his taxation shail pot be ‘ut w greater rate than 1s assessed upon other moneyed capital in the hands of citizens of such Xiate;” and, secoud, “that the tax imposed shali not exceed the Tute imposed upon State bunks.”’ (13 Stat ut Large, 112.) In Heburn va The School Commissioners this Court decided tnat in making the assessment of bank hares by this authority it was competent to assess them at ap amount above the par value (23 Wall. 430,) But the relat insist that by the act ol the Legislature of the State of New York, passed May 9, 1865, it was enucted that the shares could not ve as- sessed at a greater amount than the par value thereof, and that such statute creuted a contract with the banks organized under it which could by @ subsequent Legislature, vie been a valid one we caiied opon to discu the potot raised, But it was held by Van Allen va, The Assessors (3 Wall., 673) that this statu 3 fatally defective, im that it did oot contain a proviso that the tax thorized not be altered Had this stat- might have been Tho system of taxation dovised by the st was adjudged to be illegal and void, ‘The clause now luid hold of by the relator was simply a proviso or qualification of that system. It necessarily fell with it, ‘There never was, legally speaking, auy sach proviso or enaciment as the relator claims the benelit of, Of course there could be no such ching as 4 violation of | contract contracted in a proviso which never exisied. (Warren vs. The 2d Gray, 93; Sedgwick on stat,, 413.) ‘THE TRADRSMEN’S NATIONAL BaNK SUIT. The suit of The People ex rel. The Tradesmun’s Na- tional Bank vs. The Commissioners of Taxos, in which Mr. Horace Barnard appeared ior the relator and Mr. Hugh 1. Cole for the respondents, came up by ceriio- rari, The only question imyvolved was as to the amount which the Commissioners were bound to de- duct from the gross value of the shares on account of the real estate of the bank. The statute (chapter 761, | Laws of 1866) provides that ‘in making such asaess- ment there shall be deducted from the value of sucn share sach sum us {sin the same proportion to such value as is the value of the real estate to the whole awount of the capital stock,” Tho rejators contended that the deduction of the value of the real estate | should the actual capital—i.¢, the shares. Tho respondents contended that the deduc- tion should be made from the actual capital, OPINION OF JUSIICR MILLER, ‘Tho Court held, Mr, Justice Miller delivering the inion, as follows:—The evident object and purpose from which the foregoing provision is cited, ‘was to provide a system of taxation ol tho stockhold: | ers of national banks by which they should be assessed for the! es in the same inethod and have the ume burdens as are are assessed upon other property, ‘and thus be compelled to bear thoir fair and just pro- ortion of taxes to be levied, When the assessors nad Bred upon the value of suc! then t eduction was to be mado from the Value of the shares of the as- sessed value of the real estate, and here the real pout of the controversey 18 presenied as to what the deduction shall be. [tis to be proportionate and as the assessed alue of the real estate is to the capital stock, The phraseology last employed must be considered in the connection the ‘value of the shares,” which have previously been inserted tn the statute, the statute speaks of the “whole emount of stock’? it 1s reasonable to suppose that it has reference to tts tair value und not to the nominal amount of the cap- ftal. It certainly includes the value, ag that constitutes the actual amount and the important element which was to be taken into consideration in the assessment of the shares, Such being the principle upon which the assesment is bused, it 8 not apparent in what manner a deduction can be made from the value of the shares in proportion to the nominal capital instead of Teal capital According to its ¢. The word ‘*nominal”? 18 NOt used, id while the amount of the capital may be nominal, it may also, when it has increase: in val by profits earned, be tar beyond i, and when tt etually more valuable than the nomial ground for holding that the latser sum should be the criterion, In fact, the language cited woald keem to fadicate that tt was in- | tended by the Legisiaure to exclude any such con- struction. li it were otherwise banking imetitations which had been prosperous and succossiul, and whose shares bad been raised far above the per value, might escape taxation upon a large portion of the amount of their capital, whtie those which had been uniortuoate and reduced in valine might be taxed upon a fi greater amount than their entire capital, upon an on- | tirely fictitious basa of values, and upon property which in fact had no existence, This clearly never was intended, and the rule applicable to tne construc- tion of the statate does not require such a strict inter- | pretation of the jawas will thus frustrate iis design ‘and complicate the object of the law makers, ‘The preparation of tho schedute of property which William M. Tweed ts going to offer to restore as one portion of the compensation for bis release ta still in progress, and it 18 said that by the middle of next week all wil! be in readiness fur suvmission to the At- torney General for consideration, One who saw the documents in Mr, Tweed’s possorsion which roiate to ‘the Ring frauds stated yesterday to the writer that they make when tied up a bundle largo as # copy ot Webster's big dictionary. Intimates of Mr. Tweed’s assert that he 18 heartily disgusted with the apathetic conduct of his old associates toward him since bis re- capture, aad that bo will make no revervation In favor of any one when he comes to confess. Many of hisold colleagues have contidently and persistently declared that “the old man’ would oriminate bis friends, and they referred is former con- duct and, indeed, to bie wholo charactor, wo the opinion, 1 ine confidence of Mr, Tweed assert, however, that be no Jou cousuders the persons of frends, but regards tbem with dislike if not post- tive hatred. He is eaid to bave hoy ed that thure who how occupy positions of trust and power to which they were clevaied through his corrupt lofuenves would, when the popular indignation against him bad yy, Come Jorward avd exert themselves for the amelioration of his condition, As they o @ con- trary abandoned him to his fate he toels that wen have no claim upon his consideration, and he will lean breast of the matter, When the jon shall bo submitted by Mr. Townsend next Little doubt that it will be acoepted, since 's friends speak truly, fullll every re- quirement of the prosecution, 4 the indication: Ward, of No, 132 West street, and he was arraigned be- fore Judge Murray yesterday Xnd heid in $1,000 bail to answe that impeach ments and prosecutions of pubite officials will eogage the attention of the oubiic ior some time | thereafter, | was prior to 1857, ; marder THE LIQUOR MEN'S FERMENT. ! THE NEW BATTLE OF BRANDYWINE—MEETING | OF THE BRUM COHORTS—AN AWKWARD DI- LEMMA. A meeting of the Agitation Committee appointed May 27, 1876, at the Cooper Instituce mass meeting of liquor dealers, was held yesterday at the Germania Assembly Rooms, The object was to take action rela- tive to the recent decision of the Court of Appeals, that | Excise Commissioners huve no power to grant licenses except to keepers of inns and hotels, and rendering | persons who sell wines and liquors to be drunk on the | Premises without a hotel or inakeeper’s license liable to indictment, Major Scout Sauer, who acted aschairman, stated | that as the law now stands dealers are liable to arrest and indictment aod to be sent to prison. A ser f feroiutions were adopted of which the following is the main point :— | ‘That owing to the decision of the Court of Appeals al | luded to we wre at a loss to understand our duty in the { premises, and cailupon the Governor and she Leislature i State to relieve us from our unpleasant situ- ‘and particulnriy urge upon the Legisluture the pas: sage of an vident omission made by our Jawmakers C. R Yownsend felt that the entire capital invested in the business in the city was ut the mercy of the Police Commigsioners, A committee ought to be ap- pointed to couler with them, Mr, Cunningham believed that wholesale arrests to- morrow was wanted. He wanted pubil tion, The Excise Commissi the violators of the law if any 5 en nearly $6,000,000 trom the liquor aeal- ere for licenses under false pretences, ajor Sauer believed what was most needed was the pointment of a commities to go to Albany at once and secure relief, He thought it a good pian to leave the matter to the Agitation Committee, Mr. Abrens said that tbe cominitice should not ask for any special distinction between the liquor and beer sellers, He had never been in a lager beer saloon Whore they pay but $30 license tha: he could not get all the whiskey, wine and gin he wanted, Men who do not protess to keep a beer saloon at all take out these license: On motion of Mr. Cunningham it was declarea that the liquor dealors are opposed to the proposition be- fore the Legislature to abolish the Excise Board and give the matter into the caro of the Police Bourd, but 1 the Board be abolished tho issue of licens ould be placed under the control of the Mayor, where it A sub-committee of the Agitation Committee was ordered to proceed to Albany on Monduy, and the meeting adjourned subject to call of the Chair, MAYOR BLY AND THE LIQUOK DEALERS A delegation of liquor dealers, headed by Major Sauer, called upon Muyor Ely yesterday, for the pur- pont of soliciting hig intinence in the passage ofa law y the present Legisiature which will protect them im their rights in view of the recont decision of the Courtot Appeals as to Excise licenses. They set forth their grievances relative to the peculiar condition tn which this decision has placed over five thousand per- sons In the city of New York at present engaged in the liquor busin Mayor Ely eon them all the assistance in his powor, and ulluded to the necessity for the immediate, passage of a law to obviate the difliculties complained of, The delegation leit tor Aivany last evening. THE WAR IN BROOKLYN, Captain Oliver Cotter, cniet agent of the Temper- ance Brotnerhood of Coristian Churoves, bas handed a communication tothe Board of Police and Kxciso Commissioners of Brooklyn, calling tho attention of tuat body to the deoision of the Court of Appoals, In the caso of the People against Smitn, which states that nono bat hotels, inns or taverns can obtain a li- cense to liquars and wines to be soid and drunk on the premises, Tho Captain asks that the law be fully carried out, as thore are 1,600 liquor saloons, ille- ally licensed in Brooklyn, selling liquors and wines, The temperance advocates demand that no liquors shall be solid over the bar of lager beer saloone, DANGERS OF THE DEEP. PROVIDENTIAL RESCUE OF A SHIPWRECKED CBEW—GRATITUDE OF AN OLD TAR, The steamship San Salvador, Captain Nickerson, ar rived at this port yesterday morning ‘rom Savannab, having on board the captain and crew of the schooner Tona. of Brewer, Me., which vessel was drivon ashore near Cape Hatteras during the terrific gale on the night of the 8th and 9th imst. The Iona was from Rockport, Me, bound to Jacksonville, Fla,, under command of Captaiu 0. F, Coombs, Jr., with a cargo of ice, having on board a crew of tive persons, inclad- ing the captain, who were fallon in with in an open boat about twenty miles north of Hatteras, Tho cir- cumstances attending tho disaster and the almost mi- : raculous rescue of the shipwrecked crew by the San Salvador may be gleaned from the statements given below :— STATEMENT OF CAPTAIN COOMBS, OF THR 10Na. On the fight of the 8th inst. we made Cape Hatteras light, about six miles off, the wind at the time vorth- east, hauling suddenly to the cast and blowing a gale, Altor seeing we could not fetoh by the shoal outside the hght we wore round and hung to the northeast The wind increasing I put the vessel uuder double rected rails, At one A. M. (9th), the Jib was carried away; at four the foresail was carried off. We were then about ten fathoms, with a gradual decrease, showing that we were slowly shoaling, At half past six A.M. we made the breakers and were drifting toward them at the rate of about two and a half miles per hour, the breakers then being about three mules off, the gea breaking on the shore inasthead bigh, Be- heving 1t would be euicidal to attempt to ran on shor at hull-past seven 1 took tothe boat with all ban baving secured food and waier before abandouing the sel, Once in the boat we did not make landward tor of being swamped, and pulied to sen in the hope of falling 1o with some passing steamer, At two P. M. we lost sight of the schooner and supposed her masts had gone a8 we were about three miles from where sho was when we lost sight of her, We contioued struggling agatnst the sea, which ran as high as your house tops. At four o'clock P. M, the same day we were fortunate enough to be fallen in with by the steamstip San Salvador, having been in the open boat avout nine hours. With considerable aiMculty, for the sea was still very high and rough, we wore taken on board the s:eamer by means of ropes und hauled over the stern. Cap- Nickerson has treated us very bandsomely, “Neither the Captain nor his mate” (Mr. H. C. Dagges saul the oid tar, feelingly, “Could have treatea their own brothers better than they have me. You cac’'t say anything that’s too guod tor them. Tho Captala said to me when i came on board, **Captatu,’’ said ba, “this is my ship; anything you want ask for; make yourself as much at homo as you've a mind to’? He gave me a good stateroom and was every way kind, 1 want to thank him with all my heart for his kindness. First Officer Daggett, of the San Saivador, says that the rescue of Captain Coombs and bis men was most providential. If they bad been out in their boar few hours longer nothing in the world could have saved them {rom being swallowed up. THE LOST SCHOONKR, The Iona was 130 tons burden, built in 1867, valued at about $5,000, and was uuinsured, Ste was owned attached to our bodi tai principally by Zenas Lawry, of Brower, Me., the oap- tain having ao interest in her. ot her crew :—0O. F, Hist ‘ker, The following is F. Coombs, master; M. P. Ps cook; H. F, Adams, W. Moody, Z ¢ captain Jeft for Boston last wrendy reshipped here for THE SCANLON TRAGEDY, The prisoners arrested on suspicion of being impli- cated in the murder of Cornelius Scanlon, late of No 41 Mulberry street, were again brought to the Tombs Pole Court yesterday, and the examination con- tinued, Dominco Guardont testified that ne had not heard any disturbance in Scaplon’s room on the night of the Francisco Peppo gave similar testimony. After a protracted hearing, in which no new develop- ments were made, Justice Kilbreth discharged the Wree Italians and Mrs Catharine Fox aad held Elizebeth Scanlon, the wife of the mur. dered man, suspicion pointing strongly to her, The child bho was found in the barrel im the yard of No. 41 Mulberry street, who stated that he was peg f Scanlon” and that his mother throw his tather out of the window, proves, according to the | police, to be a grundson of Mr. Fox and not the son of Mrs inion, They take bis subseqaent statement, therefore, with much allowance, accounting for it on the ground of his vender years, being only « little over f age, and the tact that he probably heard the yard talking avout the murder, Tho the peo prisoner, Mrs. Scanlon, positively denies that she has any children. Coroner Woltmpan bas placed in the hands of the po- lice of the Fourteenth precinct subpauas for Angelo Evaron and the gthers who were discharged by Jus- Vice Kilbreth, da: The inquest will tuke place on Satur- when the woman now detained in the Tombs be present, The jury will firat go vo the Four- teenth preciact apd then to the premises in watch the affair occurred, SPIRITUALIZING MATERIALS. Mary Cole, a fortune telis from Brooklyn, was brought into Jefferson Market Police Court yesierday at the instance of Knima Williams, acolored woman, restd- ing at No. 218 Wooster street, Kmma said that Jast Au. gust the prisoner, who bas the appearance of a gypsy, camo to ber house while she (Kmma) was in great trouble because her husband had deserted her, Mary Cole told her that she wasa fortune teller and that she would bring ber husband back if her hand Was crossod with gold, silver and $2 60 1a monoy. Emma gave Mary atch, a gold rio and $2 60, 1n all of the val Her husband di not return, neither was tho waich and ring by Mary Cole, On this complaint the prison fined $10, and required to give bonds in $i keep the pe: for #iX months, Just ns Mary Cole was leaving the court room with an officer another colored woman, named Martha Clayton, stepped up and said she wanted to make a charge inet the Pfisoncr, She wanted to know some lucky numbers, 1 law, 3. | Biturdoy, apeit 4, $$ and Mez> told ner that tt was necessary for her to be tert alone in the room, Murtha did leave the prisoner alone in her room, and when sbe came back the for- tune teller was gone, and su was a lot of jewelry tras comuited iu $009 bail to aawer at “General Sew MARRIAGES AND DEATHS. MARRIED, Cravvon—Hawnins.—April 11, at tho residence of the bride’s parents, by Rey, Dr. R. P. Cutler, in the presence ot Joseph C.'Tratye Peruvian Consul, and Charles R. Fitot, Cnilian Consul, Av0LFo Cuaupos, of Lima, Peru, to Miss Mary Evonmig HawKine, daughter of H. B. Hawkins, of this city. Dine.e—Panish.-—On Wednesday, April 11, at Poughkeepsie, by Rev. J. Etmendorf, D. D., Groncm W. Disnue, of Irvington on Hudson, to Susim H, Paxiea, No cards, Guay—GaeEy.—At the residence of the bride's brother, on Wednesday, April ll, by the Kev. George P, Noble, of Maiden, N.'Y., R. Moxuison Gray to Lig zix, only duughter of William E. Green, » all of Brookly». Hamicron—WELLS.—At Sing Sing, on the Hudson, Wednesday, April 11, at the residence of the brido’s mother, by the Rev. G. W. Fergueson, ScuvyLeR Ham- icrox, Jr., of this city, to GaxtRupE Vax Cortianor, only daughter of Mra, Annie Van Renssclacr Wells and the late Judge Alexander Wells, of California, Laiguvox —Grrow.—On Wednesday, April 11, at the residence of the bride’s mother, Hawthorne, N, J., by the Rev. A. H. Partridge, of Brookiyn, E. D., feng Frawcis Laiguron to ELgaxor RiGHaRDsoN EKOW, MoorE—Goppakp.—At Borgen Point, N. J., ith by Rev. G. H. Walsh, D. D., Groron F. Moons daughter of the mgston to Pauline Goddard, D, D, No cards. Boston, Philadelphia and Cincinnatt papers please copy. SiOTR—BLANCK.—On Wednesday, January 10, 1877, by the Rev, C. L, Harrower, Evcak A. Storz to Erria BLANok, both of this city. STRYKBR—BaRTLETT,—On Wednesday, April 11, by Rev. Wm, Adams, Dr, SamurL Staxnory STRYKER, Of Ealeaalpis, lo diss Grack Mxvora BartLett, of this city. Swixron—Coxnxub.—At Somerville, N, J., April 11, 1877, by Rev. Samuel Parry, Witiiam J. SwiINnTo: fe D., to Miss Puang M. B. Cornet, daughter of the late . Frederick F. Cornell, D. v. Wittiams—RuGo,—On Wednesday, April 11, at the residence of the brido’s mother, Harlem, N. Y., by Rev. W. W. Bowdish, 8. Sukrwoop Witiiams and Axxiz C, RucG. No cards. Witky—BLackwKit.—In Astoria, L. 1., at the real- dence of the bride’s mother, by the Rey. R. W. Harris, D. D., Wituiam ©. Winey, of Astoria, to Gartrupr, youngest daughter of the jate Josiah Blackwell, Esq, of Astoria, L. 1. DIED. AckxR,—On Wednesday, April 11, after a lngoring Mlness, SAMUEL 5. ACKER, in the 59th year of his age, The relatives and friends of the family and also Polar Star Lodge, No. 245, F, and A. M., and the Tammany Society are respecttully invited to attend the funeral ov Sunday, April 15, atone P, M., from the Secon ated Methodist Episcopal Church, betwoon avs, 0 and D. Barnws,— On the 12th inst,, of consumption, Ep. warp B. Barnes. Notice of funeral in Sunday’s Herald, Brouter.—On Wednosday, 1th insk, Woovamp, age 44, wile of Francis Bechter, Thore will be a solemn mass of requiem in St. Ga- briel’s Church, this morning, at ‘half-past pine A. M., after which the remains will be taken to Calvary Com. etery for interment, Relatives friends are ro- spectfully requested to attend without further notice, Brverty.—At Moutolair, N. J., on Thursday morn. tpg, Saran BELLE, infant daughter of George W. and Sarab P. hi Ais Booru.—On Thursday afternoon, April 12, 1877, Winttam D, Boorn, aged 54 The relatives and triends aro imvited to attend his funeral, trom his late residence, 160 West 48th st., on Saturday, the 14th inst., at eleven A. M. The remains will be taken to Bridgeport, Conn., for interment, Brixcxernorr.—On Wednesday, April 11, ANDREW B. _Buixoxennory, in the 63d year of his age. Relatives and friends of tho tamily are respecttul invited to attend the funeral services, trom his late residence, No, 56 Kast 78th st., on turday, 14th inst., at one o’clock P. M. Brooxs.—At his father’s residence, In Jonesville, Saratoga county, on Saturday, April 7, AaRon Brooks, Jr, formerly of this city, aged 80 year: Gasx.—On Tuesday, April 10, 1877, after a long and painiul iliness, GrorGe Casx in the 64th year of hig age. eB Relatives and friends are respectiully invited to attend the tuneral irom his late residence, No. 438 West 51st st,, this (Friday) afternoon, at one without further notice, Dissgy.—On Thursday, April12, Hesry ay the 60th year of his age, after a long and ja) ill. ness, Notice of faneral to-morrow. Hates.—On Wednesday, April 11, 1877, after a long pees paintal tiluess, Tuomas Hatas, in the 70th year of bis age. Relatives and frionds are respectfully invited to at- tend tho funeral, from his late residence, 303 Marcy ay., Brooklyn, at two o’clock. ATHAWAY.—At her residence, No, 24 Watts sh, ttle Lintim, daughter of Hazid 0. and Louisa Hathas ly invited to at- way, age 6 yei ives and friends are res} tend the funeral, Sunday, April 15, at one o’olock, at No, 24 Watts st, Also members of Gerard Lodge, No. 631, F. and A. M. fraternity, invited, Hunny,—At her late residence, 25 East 86th et, Many A. Henry, aged 77 years. Notice of tuneral hereafter. Hiaixrr.—In Brooklyn, on Wednesday evenin; April Ul, after a linzering illness, Nancy, below daughter of John and Kiabeth Hiltiker, aged 4 yeara, 9 months, 14 days. Reiatives and friends are respectfaily invited to ate ¢ funeral, at No. 801 Greeueav., on Friday, af three o’clock P.M. Kx.iixcer,—On Tharsday, April 12, at bis residence, No. 4 Union square, Samck Keuuncen. Notice of funeral hereafter. Kaeuiy.—On Thu April 12, 1877, Evauwn, ime fant son of Martin and Mary R,’ Kelly, grandson of Ellen Hogan, aged 1 year and 22 days. Relatives and friends are respectfully invited to at- tend the funeral, from his parents’ residence, 136th st., Mott Haven, on Friday, Aprii 13, at One o'clock. Kress—aAt his residence, 215 East 56th st, Jomw Krasa, aged 52 years, His roatives and frends are respectfully invited te attend the funeral, on Sunday, at one P. M. Ngwron.—At bis late residence, 63 West 17th st.» Sanvet F, Newron, in the 35th year of.bis age. Relatives and iriends are respectfully invited to ae tend the funeral, at Lake Grove, Long Island, on Sate urday, April l¢, Yrain leaves Hunter's Point 8 A. M. Nicsorsox,—On Wednesday, April 11, inst, at 1,996 3d av., city, Juxsig, wile of W. ©. Nicholson, aged 86 years, * ‘Nowux.—On Weanesday, April 11, at Nyack, onthe Hadson, Eiauv Nosix, in she 81st year of bis age, ‘The relatives and friends are respecttally invited te attend bis funeral, from the residence of his son, William B, Noble, 288 West 4th st, on Friday, April 13, at two P. M. Nonxxexkamur.—On Wednesday, Ith tnst., at his residence, No. 178 av. A, Curtstiax L, NoNwexkamr, ip the 66th year of his age, Relatives aod friends of the family are invited to attend the funeral, on Friday, 13to inst, from St Mai Church, 6th st, between Ist and 2d ave., at one o'clock P. M. O’ Brisx.—ANvaew O’Breey, April 11, 1877, a native of the parish of Grannard Trobber, county Longford, Ireland, aged 51 years, eae funeral hereafter, " ite LIVHR.—April 10, after a short of pnew monia, Kumasern, widow of the late Jamas Ole Faucral from her late residence, 331 East 21st st, af hailf-past nine, pag the 13sh, Parrersox.—On Wednesday, April 11, Axim, wife of Thomas Patterson, tn the 26th year of her age. Funeral trom her late residence, No. 184 Fast 73d st, on Saturday at two o'clock. Patrrusox,-On Wednesday, April 11, Mary, wile of John Patterson, in the 5%h yeur of her age. Funeral from her late residence, 259 Columbia Brookiyn, on Saturday, April 14, at two o'clock P, Po t Wesichester, April 10, Joux Pow Hamvs, In the 66th year of his age. Funeral services at the Chureh of tho Divine Pa. ternity, corner Sth av, nnd 45th st., on Friday, April 13, at balf-past ten A. M. Relatives and triends aro ro. apectiuily invited to auend, Potrer.—On Tuesday, Apri! 10, at his late residonce, No, 68 West 24th st, WRepwRICK A. Porren, aged 58 ears, Relatives and friends are respectfully invited to at- tend the funeral this (Friday) morning at the Church of the Holy Communion, 6th av., corner 20th ai eleven o'clock. Remains to be taken to Staten |; for invert Quick.—At Brooklyn, suddenly, April 10, Captain Joun Quick, in the 60th year of bi a, rhe funeral will take place from his late residence, 123 Batler st., at ten lock this (Friday) morning, AW relatives and friends are respectiully invited to at tend. Quinx.—On Wednesday, April 1, Jota Teena Quix, youngest daughter of Charles A, and Bridget Qainn. Kolatives and friends of the family arc rospecttully invited to attend the funeral, (rom the parents’ rook 197 Sonth 5th av., April 13. .xv.—On Wednesday, 11th inst. ot congestion lungs, Vavtine T., wife of Nai Seel B' Kelatives and triends of the family aro invited to attena her funeral, from her late residence, 482 Lex- tngton on Saturday morning, 14th inst, at cleven orclock. Hor remains will be taken to Bridgeport, Conn.. for interment, on the one o’ciock train. Surrt.—On Wednesday, llth inst, Henry Surrn, agea 66 years, a mative of Currigalion parish, county Leitrim, Iroiand, Relatives aud friends are respectful! tend the funeral this day, at two P. Fesidence, 189 Klizubetn st. Srxinc.—[n srooklyn, on Wednesday, 11th inet., afier a iogering illness, Eximaneti Seuuy Sreina, be loved wile of Frederick Spring, Fuaeral pri Watken. —At Morristown, N. J., April 12, 18" danghter of Thomas George aud Louise J. Walk 8 years. Weaors.—On Wednesday, April 11, Jaye Axx, wile ot Charlies M, Werden, Funeral on Saturday, 14th inst, at two P. M., from the residence of her mother, Mrs, James Murpby, 123 Warburton ay., Yonkers, N.Y. Frionds of the family, also brethren of Copestone Lodge, F. and A. M., Copo- atone Chapter, R. A. M., are cordiatly invited to at tend, Takel P. M, train from Mth st, Woon.—On the llth of April, of pneumonia, Jamxe Giexeivin Woon, eldest son of the late Isaac V. Wood, aged 36, Relatives and triends tend the funeral, from th Invited to at from his e respectfally invited to ‘at. residence of bis brotber-in- P. slater, 167 Went 10th ot, New York, on